Saturday, April 25, 2020

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws

"Technical Assistance Questions and Answers - Updated on April 23, 2020
  • All EEOC materials related to COVID-19 are collected at www.eeoc.gov/coronavirus.
  • The EEOC enforces workplace anti-discrimination laws, including the Americans with Disabilities Act (ADA) and the Rehabilitation Act (which include the requirement for reasonable accommodation and non-discrimination based on disability, and rules about employer medical examinations and inquiries), Title VII of the Civil Rights Act (which prohibits discrimination based on race, color, national origin, religion, and sex, including pregnancy), the Age Discrimination in Employment Act (which prohibits discrimination based on age, 40 or older), and the Genetic Information Nondiscrimination Act.
  • The EEO laws, including the ADA and Rehabilitation Act, continue to apply during the time of the COVID-19 pandemic, but they do not interfere with or prevent employers from following the guidelines and suggestions made by the CDC or state/local public health authorities about steps employers should take regarding COVID-19. Employers should remember that guidance from public health authorities is likely to change as the COVID-19 pandemic evolves. Therefore, employers should continue to follow the most current information on maintaining workplace safety.
  • The EEOC has provided guidance (a publication entitled Pandemic Preparedness in the Workplace and the Americans With Disabilities Act [PDF version]), consistent with these workplace protections and rules, that can help employers implement strategies to navigate the impact of COVID-19 in the workplace. This pandemic publication, which was written during the prior H1N1 outbreak, is still relevant today and identifies established ADA and Rehabilitation Act principles to answer questions frequently asked about the workplace during a pandemic. It has been updated as of March 19, 2020 to address examples and information regarding COVID-19; the new 2020 information appears in bold.
  • The World Health Organization (WHO) has declared COVID-19 to be an international pandemic. The EEOC pandemic publication includes a separate section that answers common employer questions about what to do after a pandemic has been declared. Applying these principles to the COVID-19 pandemic, the following may be useful:..."
    COVID-19 and ADA

Thursday, April 23, 2020

Jail Inmates In 2018

"This report is the 32nd in a series that began in 1982. It provides statistics based on BJS’s Annual Survey of Jails and Census of Jail Inmates. It describes the number of inmates held in local jails, jail incarceration rates, demographic characteristics of jail inmates, number of admissions to jail, jail capacity, inmate turnover rates, and staff employed in local jails.
Highlights:
  • The jail incarceration rate decreased 12% from 2008 to 2018, from 258 to 226 inmates per 100,000 U.S. residents.
  • In 2018, jails reported 10.7 million admissions, a 21% decline from 2008.
  • In 2018, more than two-thirds (68%) of jail inmates were held for felony charges.
  • The male jail inmate population decreased 9% from 2008 to 2018, while the female inmate population increased 15%.
  • From 2008 to 2018, the jail incarceration rate increased by 12% for whites and decreased by about 30% for blacks (28%) and Hispanics (33%)..."
    Jail inmates

Capital Punishment, 2017: Selected Findings

"Provides statistics from the Bureau of Justice Statistics' annual data collection on capital punishment. It includes statistics on the number of prisoners executed each year from 1977 through 2017, the number and race of prisoners under sentence of death at year-end 2017 by state, and the average elapsed time from sentence to execution by year from 1977 through 2017.
Highlights:
  • At year-end 2017, a total of 32 states and the Federal Bureau of Prisons (BOP) held 2,703 prisoners under sentence of death, which was 94 (3%) less than at year-end 2016.
  • In 2017, the number of prisoners held under sentence of death declined for the 17th consecutive year.
  • Eighteen states held fewer prisoners under sentence of death at year-end 2017 than at year-end 2016, 3 states and the BOP held more prisoners, and 11 states held the same number.
  • Three states accounted for 59% of the national decline in prisoners under sentence of death in 2017: Florida (down 33 prisoners), Delaware (down 12), and Texas (down 10)..."
    Capital punishment

Free online course features COVID-19 insights from Johns Hopkins experts

[Via Johns Hopkins University]
"Johns Hopkins University has launched a free online course for the general public about COVID-19 featuring experts from across the university—including those on the front lines of research and treatment—sharing the latest insights and evidence about the disease, its spread, and ways to stay healthy.

Published on the Johns Hopkins Coronavirus Resource Center website as the outbreak develops, the course, titled Understanding the COVID-19 Pandemic, is broken into a series of lesson modules. The first module draws from the expertise of Claire Marie Filone, a virologist at the Johns Hopkins Applied Physics Laboratory, whose research focuses on the behaviors of dangerous viruses when they infect humans and animals. The second module, released Sunday, features Jason Farley, an infectious disease-trained nurse epidemiologist from the Johns Hopkins School of Nursing, who discusses diagnosing, treating, and preventing COVID-19..." 
Johns Hopkins and COVID-19

Making the Vaccine Decision: Addressing Common Concerns

"Most parents choose to vaccinate their children according to the recommended schedule. But some parents may still have questions about vaccines, and getting answers they can trust may be hard.

With so much information—and sometimes incorrect information—available today, learning the facts before making health decisions is very important.

How vaccines work: preventing diseases

The diseases vaccines prevent can be dangerous, or even deadly.
Statistically, the chances of your child getting diseases such as measles, pertussis, or another vaccine-preventable disease might be low, and your child might never need the protection vaccines offer. HOWEVER, you don’t want them to be lacking the protection vaccines provide if they ever do need it..."
Vaccines

Five Ways to Get Active and Stay Healthy from Home!

"This National Minority Health Monthexternal icon focuses on being active and healthy. Find out what you and your family can do to be more active from home.
Being physically active is one of the most important things you can do to improve your health. Physical activity has immediate health benefits, such as better sleep and reduced stress and anxiety. Regular physical activity can decrease depression and reduce your risk of obesity, heart disease, type 2 diabetes, and some cancers.
The good news is that every little bit of physical activity can provide health benefits – the key is to move more and sit less throughout the day. And there are many ways to be active wherever you live..."

Stay healthy at home

Wednesday, April 22, 2020

Presidential Appointments to Full-Time Positions on Regulatory and Other Collegial Boards and Commissions, 115th Congress

"The President makes appointments to certain positions within the federal government, either using authorities granted to the President alone or with the advice and consent of the Senate. There are some 151 full-time leadership positions on 34 federal regulatory and other collegial boards and commissions for which the Senate provides advice and consent. This report identifies all nominations submitted to the Senate for full-time positions on these 34 boards and commissions during the 115th Congress.

Information for each board and commission is presented in profiles and tables. The profiles provide information on leadership structures and statutory requirements (such as term limits and party balance requirements). The tables include full-time positions confirmed by the Senate, incumbents as of the end of the 115th Congress, incumbents’ parties (where balance is required), and appointment action within each board or commission. Additional summary information across all 34 boards and commissions appears in Appendix A.

During the 115 th Congress, the President submitted 140 nominations to the Senate for full-time positions on these boards and commissions (most of the remaining positions on these boards and commissions were not vacant during that time). Of these 140 nominations, 75 were confirmed, 12 were withdrawn, and 53 were returned to the President. At the end of the 115 th Congress, 22 incumbents were serving past the expiration of their terms. In addition, there were 43 vacancies among the 151 positions.

Information for this report was compiled using the Senate nominations database at https://www.congress.gov/, the Congressional Record (daily edition), the Weekly Compilation of Presidential Documents, telephone discussions with agency officials, agency websites, the United States Code, and the 2016 Plum Book (United States Government Policy and Supporting Positions)..."
Presidential appointments

Tuesday, April 21, 2020

Are You Getting Enough Sleep?

"Getting enough sleep is important for people of all ages to stay in good health. Learn how much sleep you need.

People often cut back on their sleep for work, for family demands, or even to watch a good show on television. But if not getting enough sleep is a regular part of your routine, you may be at an increased risk for obesity, type 2 diabetes, high blood pressure, heart disease and stroke, poor mental health, and even early death.
Even one night of short sleep can affect you the next day. Not only are you more likely to feel sleepy, you’re more likely to be in a bad mood, be less productive at work, and be involved in a motor vehicle crash.

How Much Sleep Do I Need?

How much sleep you need changes as you age. The American Academy of Sleep Medicine and the Sleep Research Society recommend:
Age Group
Recommended Hours of Sleep1,2
Infant
4–12 months
12–16 hours per 24 hours (including naps)
Toddler
1–2 years
11–14 hours per 24 hours (including naps)
Pre-school
3–5 years
10–13 hours per 24 hours (including naps)
School Age
6–12 years
9–12 hours per 24 hours
Teen
13–18 years
8–10 hours per 24 hours
Adult
18–60 years
7 or more hours per night.."

Sleep

What is Infertility?

"For couples hoping to become parents, difficulty conceiving a baby can be frustrating and unexpected. Many couples who struggle with infertility do end up having children, sometimes with medical help. An important early step is understanding possible causes of infertility.
Infertility is generally defined as not being able to get pregnant after 1 year of unprotected sex. Most experts recommend visiting a fertility specialist at this point. Because fertility in women is known to decline steadily with age, women who are 35 or older may consider seeking evaluation and treatment after 6 months of trying. Couples with infertility should consider making an appointment with a reproductive endocrinologist—a doctor who specializes in managing infertility..."
Infertitlity

Badger Bounce Back

"FROM SAFER AT HOME TO THE BADGER BOUNCE BACK

 When COVID-19 hit Wisconsin, it started to spread very rapidly. This is what happens when a very infectious, brand-new virus enters a community. No one is safe because no one is immune. That means a lot of people can get sick very quickly. It also means hospitals can be overrun with very sick patients. We saw this happen in Wuhan, in Italy and in New York City. Our Safer at Home order was enacted to protect Wisconsin from this situation. We all stayed home, so the virus couldn’t spread easily, and our hospitals have been able to safely care for sick people. According to the model created by the Wisconsin Department of Health Services (DHS), Wisconsin was projected to have between 440 and 1,500 deaths from the 22,000 COVID-19 infections projected by April 8th. Over the first three weeks of Safer at Home, our data shows we have saved at least 300 lives, and perhaps as many as 1,400 lives. We have helped flatten the curve, which has resulted in fewer cases and hospitalizations, and we’ve saved lives, together.

Safer at Home has saved lives, protected healthcare workers and critical employees, and prevented our hospitals from being overrun, but we know that it is not a workable solution for our economy or our way of life in the long-term. We are fighting an unprecedented global pandemic and we are working to open Wisconsin as soon as we can and in the safest way possible. The challenge is that all of us who have remained safe at home can still become ill if we move too quickly or act without an achievable plan in place. In order to preserve the progress we made during Safer at Home, we’ve developed a plan to safely reopen Wisconsin. Our plan is the Badger Bounce Back.

Here’s what it looks like:
 • We turn the dial to open businesses and society in phases.
 • Decisions to move from phase to phase are guided by data—Wisconsin’s Gating Criteria and Core Responsibilities.
 • In order to turn the dial on Safer at Home and supercharge the Badger Bounce Back, we need to:
 ◦ Increase lab capacity and testing
 ◦ Increase contact tracing, including support for isolation and quarantine
 ◦ Track the spread of COVID-19
◦ Increase health care capacity
 ◦ Procure more personal protective equipment
 • Individuals and businesses agree to practice good hygiene, physical distancing and other best practices..."
Wisconsin and COVID-19

Friday, April 17, 2020

U.S. Lags the world in testing, leads the world in COVID-19 cases

"The first case of COVID-19 in the United States was diagnosed in Washington state on January 20, 2020i . After 12 weeks, and the appearance of over 600,000 cases of COVID-19 and over 25,000 deaths, the United States still lacks a national testing strategy to reliably and consistently test patients across the country. Instead, states have been forced to respond with limited federal support, leaving a patchwork of testing efforts across the country, limited data on the spread of the disease, and scarce supplies for testing and protection of health care workers.

As of April 14, more than 150,000 people are being tested each day, and more than 2.8 million tests have been performed. This is far below the amount of testing per capita that has been done in other countries..."
COVID-19 and testing

Freedom of Association in the Wake of Coronavirus

"At least 42 U.S. states have issued emergency orders directing residents to “stay at home,” with many states prohibiting gatherings of various sizes to control the spread of Coronavirus Disease 2019 (COVID19). California’s March 19th stay-at-home order effectively banned public gatherings outside of “critical”sectors and “essential” services. New York’s March 23rd order   "cancelled or posponed" “non-essential gatherings of individuals of any size for any reason (e.g. parties, celebrations or other social events),” with a maximum penalty of $1,000 for violations added in a later order. Maryland’s March 30th order prohibited “[s]ocial, community, spiritual, religious, recreational, leisure, and sporting gatherings and events . . . of more than 10 people,” with willful violators facing up to a year imprisonment and/or a maximum fine of $5,000. Texas’s March 31st order directed residents to “minimize social gatherings” except “where necessary to provide or obtain” designated “essential services.” In late March, some lawmakers called on the President to issue a temporary, nationwide shelter-in-place order.

Mandatory social distancing measures have prompted constitutional questions, including whether gathering bans, which restrict in-person communication, comport with the First Amendment’s protections for freedom of speech and assembly There have already been a few legal challenges to COVID-19– related orders litigated on these grounds. On March 25th , a New Hampshire court denied an emergency motion to enjoin that state’s previous ban on scheduled gatherings of 50 people or more. And on April 13th, the Pennsylvania Supreme Court rejected a state candidate’s First Amendment challenge to a March 19th order closing “non-life-sustaining” businesses. This post discusses the legal standards that those courts applied as well as background First Amendment principles that are likely to continue to inform judicial review of free speech–related challenges to gathering bans. Religious exercise principles are discussed separately in this posting..."
COVID-19 and association

EEOC Issues Updated Covid-19 Technical Assistance Publication

"The U.S. Equal Employment Opportunity Commission (EEOC) today posted an updated and expanded technical assistance publication addressing questions arising under the Federal Equal Employment Opportunity Laws related to the COVID-19 pandemic.

The publication, "What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws" expands on a previous publication that focused on the ADA and Rehabilitation Act, and adds questions-and-answers to anticipating return to work situations, making reasonable accommodations, and harassment.

In response to inquiries from the public, the EEOC has provided resources on its website related to the pandemic in an employment context.  The agency will continue to monitor developments and provide assistance to the public as needed.

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employ­ment discrimination. More information is available at  www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our  email updates..."
EEOC and COVID-19

COVID-19 and Foreign Assistance: Issues for Congress

"As Congress considers policy responses to the global spread of Coronavirus Disease 2019 (COVID-19), Members of Congress may consider the impact of the pandemic on U.S. foreign assistance agencies and programs, and explore the pandemic’s influence on U.S. foreign aid priorities. This analysis focuses on current pandemic-related personnel and program issues at the U.S. Agency for International Development (USAID) and other U.S. foreign assistance agencies, and identifies potential concerns about the pandemic’s effect on U.S. global development strategies.

Personnel

On March 14, the State Department authorized the return to the United States of high-risk U.S. government personnel and family members from diplomatic or consular posts abroad. The impact of such departures varies by post. USAID maintains that all of its staff under Chief of Mission authority are following State Department guidance on authorized and ordered departure. The Millennium Challenge Corporation (MCC) is also authorizing the departure from overseas posts on a limited basis. The Peace Corps, in contrast, has suspended all operations worldwide out of concern that disruptions in international air travel may make guaranteeing volunteer safety difficult. A worldwide volunteer evacuation is underway; post staff have not yet been evacuated..."
COVID-19 and foreign assistance

Tuesday, April 14, 2020

Modern humans, Neanderthals share a tangled genetic history, study affirms

"In recent years, scientists have uncovered evidence that Neanderthals and modern humans interbred. Previous research has shown that Neanderthals who were connected to the Vindija Cave in modern-day Croatia contributed DNA to modern-day Eurasian populations.
A new study, supported by the National Science Foundation, is noteworthy because it has uncovered evidence that people in Eurasia today have genetic material linked to Neanderthals from the Altai mountains in modern-day Siberia. 
The results reinforce the concept that Neanderthal DNA has been woven into the modern human genome on multiple occasions as our ancestors met Neanderthals time and again in different parts of the world.
The study is published in the journal Genetics.
"It's not a single introgression of genetic material from Neanderthals," says lead researcher Omer Gokcumen, a University at Buffalo biologist. "It's just this spider web of interactions that happen over and over again. The ancestors of modern humans in Africa start expanding in population, and as they expand their range, they meet with these other hominins and absorb their DNA, if you will," Gokcumen says. "We probably met different Neanderthal populations at different times in our expansion into other parts of the globe.".."
Neanderthals

Vaccine for Measles

"Prevent measles and talk to your doctor about the measles, mumps, and rubella (MMR) vaccine, especially especially if planning to travel.

Prevent measles with MMR vaccine

Measles can be prevented with MMR vaccine. The vaccine protects against three diseases: measles, mumps, and rubella. MMR vaccine is given later than some other childhood vaccines because antibodies transferred from the mother to the baby can provide some protection from disease and make the MMR vaccine less effective until about 1 year of age.

Schedule for MMR vaccine if you’re not traveling

Schedule for MMR vaccine if you’re not traveling

First DoseSecond Dose
Children*Age 12-15 monthsAge 4-6 years
Teenagers and adults with no evidence of immunity**As soon as possibleN/A
* CDC recommends this schedule for children 12 months and older. Infants younger than 12 months old and children traveling outside the U.S. should follow another schedule.
** Acceptable evidence of immunity against measles includes at least one of the following: written documentation of adequate vaccination, laboratory evidence of immunity, laboratory confirmation of measles, or birth in the United States before 1957..."
Measles

Police Blotter Listing the Assassination of President Lincoln, 04/14/1865

"On April 14, 1865, as he sat in Ford's Theater watching a comedy, President Lincoln was assassinated. The District of Columbia Metropolitan Police blotter lists the assassination among the more mundane police business of April 14, 1865. The entry begins: "At this hour the melancholy intelligence of the assassination of Mr. Lincoln, President of the U.S, at Fords Theater was brought to this office, and information obtained from the following persons goes to show that the assassin is a man named J. Wilks [sic] Booth...".."
President Lincoln Assassination

Help Young People Grow Up Violence-Free

"All young people deserve to grow up safely and thrive. Learn more about how you can help prevent youth violence and #StopBullying in your community!

What Is Youth Violence?

Youth Violence is the intentional use of physical force or power to threaten or harm others by young people ages 10-24. Examples include bullying, fighting, threats with weapons, and gang-related violence. Youth violence is an adverse childhood experience (ACE). It is linked to other forms of violence including teen dating violence, suicide, and adult intimate partner violence..."
Youth violence

Tuesday, April 7, 2020

COVID-19: China Medical Supply Chains and Broader Trade Issues

"The outbreak of Coronavirus Disease 2019 (COVID-19), first in China, and then globally, including in the United States, is drawing attention to the ways in which the U.S. economy depends on manufacturing and supply chains based in China. This report aims to assess current developments and identify immediate and longer range China trade issues for Congress.

An area of particular concern to Congress is U.S. shortages in medical supplies— including personal protective equipment (PPE) and pharmaceuticals—as the United States steps up efforts to contain COVID-19 with limited domestic stockpiles and insufficient U.S. industrial capacity. Because of China’s role as a global supplier of PPE, medical devices, antibiotics, and active pharmaceutical ingredients, reduced export from China have led to shortages of critical medical supplies in the United States. Exacerbating the situation, in early February 2020, the Chinese government nationalized control of the production and distribution of medical supplies in China—directing all production for domestic use—and directed the bureaucracy and Chinese industry to secure supplies from the global market. Now apparently past the peak of its COVID-19 outbreak, the Chinese government may selectively release some medical supplies for overseas delivery, with designated countries selected, according to political calculations.

Congress has enacted legislation to better understand and address U.S. medical supply chain dependencies, including P.L. 116-136, The Coronavirus Aid, Relief, and Economic Security (CARES) Act, that includes several provisions to  expand drug shortage reporting requirements;

 require certain drug manufacturers to draw up risk management plans;
 require the U.S. Food and Drug Administration (FDA) to maintain a public list of medical devices that are determined to be in shortage; and
 direct the National Academies of Science, Engineering, and Medicine to conduct a study of pharmaceutical supply chain security..."
COVID-19 and medical supplies

Monday, April 6, 2020

Dogs

"Before buying or adopting a dog or puppy, make sure a dog is the right type of pet for your family. Talk to your veterinarian about the right type of dog for you to make sure the dog you choose fits your lifestyle and needs. Be aware that dogs can sometimes carry germs that can make people sick, even when they appear clean and healthy. Visit your veterinarian for routine care to keep your dog healthy and to prevent infectious diseases.

Wash your hands

  • Wash your hands with soap and running water:
    • After handling dogs, their food and water dishes, or their supplies
    • After contact with dog saliva or poop, even if you use a bag
    • After handling dog food, treats, toys, or bowls
    • Before you eat or drink
  • Adults should always supervise hand washing for children under 5 years of age.
  •  Washing hands with soap and water is the best way to get rid of germs in most situations. If soap and water are not readily available, you can use an alcohol-based hand sanitizer that contains at least 60% alcohol.

Safely clean up after your dog

Always pick up dog poop and dispose of it properly.  Cleaning up after your dog helps to keep the environment clean and reduces the risk of diseases spreading to people and other animals.
  • Always pick up dog poop and dispose of it properly.
  • Dog poop should be picked up, even in your own yard, and especially in areas where children may play..."
    Dogs

Thursday, April 2, 2020

The Courts and COVID-19

"The spread of the respiratory disease COVID-19 has prompted far-reaching responses affecting many areas of American life. As Americans strive to practice social distancing to limit the spread of the novel coronavirus that causes the disease, the United States federal courts have implemented various measures designed to protect litigants, jurors, court personnel, and members of the public, and to reduce the obstacles to litigation arising from the pandemic. As this Sidebar discusses in more detail, the courts generally possess significant discretion to modify their procedures in response to the COVID-19 pandemic, but there are some areas where further changes would require congressional action..."
Courts and COVID_19

The Coronavirus Aid, Relief, and Economic Security (CARES) Act—Tax Relief for Individuals and Businesses

"Congress is considering a number of proposals that seek to mitigate the economic effects of the Coronavirus disease 2019, or COVID-19, pandemic. One such proposal, the Coronavirus Aid, Relief, and Economic Security (CARES) Act (S. 3548), was introduced in the Senate on March 19, 2020. On March 22, 2020, an updated version of the CARES Act was circulated, as a proposed amendment to H.R. 748. A cloture vote on a motion to proceed, which was designed to allow consideration of the CARES Act, was rejected on March 22.1 A third version of the CARES Act was released on March 25, 2020.2 On March 25, the Senate voted 96-0 to pass H.R. 748, having previously amended it with the CARES Act. The House passed this version of the CARES Act on March 27, 2020, and President Trump signed the CARES Act (P.L. 116-136 ) into law.

Tax relief for individuals and businesses in the CARES Act includes

  a one-time rebate to taxpayers;
  modification of the tax treatment of certain retirement fund withdrawals and charitable contributions;
  a delay of employer payroll taxes and taxes paid by certain corporations; and
  other changes to the tax treatment of business income and net operating losses.

This is the latest in a series of legislative packages addressing the COVID-19 pandemic. Two other bills have been enacted into law: the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 (P.L. 116-123) and the Families First Coronavirus Response Act (P.L. 116-127).

On March 23, 2020, an alternative to the CARES Act, the Take Responsibility for Workers and Families Act (H.R. 6379), was introduced in the House. For more information on the tax provision in this proposal, see CRS Report R46283, The Take Responsibility for Workers and Families Act: Division T—Revenue Provisions, coordinated by Molly F. Sherlock..."
Coronavirus,CARES